Steps to File for Divorce in Texas

Steps to File for Divorce in Texas

Approaching the topic of divorce can be one of the most challenging conversations, and couples who are considering a separation will want to understand what to expect if they decide to proceed with a divorce. In the best-case scenario, each party will come to the table amicably, but this is not always the case. 

Regardless of the situation that has led to the divorce, it is advisable to speak with an experienced Fort Worth divorce attorney who can help to advise you each step of the way.

First Step: Establishing Grounds for Divorce

Before filing, couples will need to establish the reason that they will be filing for a divorce. The grounds for divorce is to let the court know why you are requesting the divorce. There are seven different options for grounds for divorce to choose from in Texas.

Second Step: Filing For a Divorce

The next step to file for divorce in Texas is to prepare a petition and file it in the district court of the county where you or your partner have lived for the last 90 days. You must also have lived in Texas for a minimum of six months in order to file. Once you pay the court fee and file your petition for divorce, the next step is up to your spouse. 

Third Step: Serving Notice to your Spouse

Your spouse will receive notice that you have filed for a divorce, and they will then have twenty days to respond. Ideally, they will respond faster and you can avoid delays, but this is not always the way it plays out. Your spouse also has the option to file a counter-petition if they disagree with the grounds for divorce that you have filed. 

Fourth Step: Waiting Period

Texas has a waiting period of at least 60 days before they can grant a petition for divorce. This sometimes serves as a cool-down period where couples reconcile, but more often it allows divorcing spouses to continue to work out the terms of their divorce, division of property, child custody, and division of assets. In some cases, this takes longer than 60 days, but couples who have already worked out these details before filing can still expect to go through this waiting period. 

Fifth Step: The Divorce Decree

After the waiting period is complete and the terms of your divorce are in writing, you and your spouse will go in front of a judge and answer a few questions. The judge will then approve the agreement, and your divorce will be finalized. 

Talk to an Experienced Fort Worth Divorce Lawyer Today

A divorce can shake your world and leave you feeling confused and alone. Working with a skilled attorney can help alleviate many of your concerns and answer the questions you have about the divorce process. At MBH Fort Worth Family Law, our team is dedicated to working with our clients who are going through a divorce. Contact us today online or call us at 817-476-7964 to schedule a free consultation and learn more about your options. 

Constance Mims

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

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